8 women allege sex assaults in suit vs. military

By Eric Tucker, Associated Press

Posted

WASHINGTON  WASHINGTON Eight current and former members of the U.S. military allege in a new federal lawsuit that they were raped, assaulted or harassed during their service and suffered retaliation when they reported it to their superiors.

The lawsuit, filed Tuesday in U.S. District Court in Washington, accuses the military of having a "high tolerance for sexual predators in their ranks" and fostering a hostile environment that discourages victims of sexual assault from coming forward and punishes them when they do.

The suit claims the Defense Department has failed to take aggressive steps to confront the problem despite public statements suggesting otherwise.

The eight women include an active-duty enlisted Marine and seven others who served in the Navy and Marine Corps. Seven of the women allege that a comrade raped or tried to sexually assault them. The eighth says she was harassed and threatened while deployed to Iraq, only to be told by a superior that "this happens all the time."

"There (are) no circumstances under which women who are brave enough and patriotic enough to stand up and defend this nation should have to be subjected to being called 'slut, whore, walking mattress,'" said Susan Burke, a lawyer representing the women. "This is the year 2012. This kind of conduct is not acceptable."

The women say they've suffered depression, anxiety and post-traumatic stress disorder because of the assaults. One woman says she tried to commit suicide after being raped inside her home by a senior officer and his civilian friend.

The lawsuit names as defendants past and present military leaders, including Defense Secretary Leon Panetta and his predecessors.

Defense Department spokeswoman Cynthia Smith said she could not discuss pending litigation but said the military has no tolerance for sexual assault. Under a policy announced in December, service members who report a sexual assault have the option of quickly transferring to another unit or installation.

She said the department has also increased funding for investigators and judge advocates to receive specialized training in sexual-assault cases and has appointed a two-star officer to direct a sexual-assault response and prevention office.

The Pentagon is assembling a data system to track reports of sexual assault and is reviewing how commanding officers are trained in preventing and responding to rape cases.

"It is important that everyone in uniform be alert to the problem and have the leadership training to help prevent these crimes," Smith said in a written statement.

The Marine Corps issued a statement Tuesday evening saying it takes sexual-assault allegations seriously and continues to improve in responding to and preventing rapes within the ranks.

The statement challenged the allegations of two former Marines -- Ariana Klay and Elle Helmer -- who are part of the lawsuit, saying their claims had been investigated and properly handled.

Although the Associated Press normally does not identify victims of sexual assault, Klay and Helmer agreed to publicly discuss their case.

Klay, a former Marine Corps officer and plaintiff who says she was raped in August 2010, said the military avoids scrutiny for its handling of these accusations by projecting a warrior culture immune to questioning.

Klay alleges she was raped inside her row house in Washington on Aug. 28, 2010, by an officer, who said he planned to humiliate her, and also by his civilian friend. She said she reported the rape but endured retaliation and became so despondent that she attempted suicide.

Haytham Faraj, a lawyer for the officer, denied that any rape occurred and said that his client and Klay were instead involved in a consensual sexual relationship. His client was found not guilty of the sexual-assault allegations after a court-martial.

Another plaintiff, Elle Helmer, reported being sexually assaulted by a commanding officer following a pub crawl in Washington's Capitol Hill neighborhood in 2006. She says she was discouraged from submitting to a rape kit and medical examination and was told she needed to toughen up. The lawsuit says the military initially refused to investigate, and Helmer says she was investigated for public intoxication and conduct unbecoming.

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